S77,78 & 79 request failure

PaulS43

I sent a cheque for a pound for copies of my credit agreements with Egg on 20 February. They cashed the cheque on 24th February but still haven't sent me copies of the agreements.

1 I understand they're now committing a criminal offence. To whom do I complain?

2 Is the debt now entirely unenforceable? What I mean by this is if I now stop paying citing their failure to supply a copy of the agreements, can I be forced to pay by a court AND, if my failure to carry on paying brings about the copies of the credit agreements would I then have to continue paying? IE is the debt now always and forever unenforceable no matter what they do?

fermi

pauls43 wrote: »

i sent a cheque for a pound for copies of my credit agreements with egg on 20 february. They cashed the cheque on 24th february but still haven't sent me copies of the agreements.

1 i understand they're now committing a criminal offence. To whom do i complain?

it used to be an offence, but the law changed a while back and it no longer is.

2 is the debt now entirely unenforceable?

they should in theory not be able to enforce it while they have not complied with the request.

what i mean by this is if i now stop paying citing their failure to supply a copy of the agreements, can i be forced to pay by a court and, if my failure to carry on paying brings about the copies of the credit agreements would i then have to continue paying? Ie is the debt now always and forever unenforceable no matter what they do?

if they produce a valid agreement at any time in the future then they would be entitled to enforce the agreement again.

hth ..........................

dizzybuff

hi they have 40 working days to provide you with information as this comes under the data protection act.

fermi

dizzybuff wrote: »

hi they have 40 working days to provide you with information as this comes under the data protection act.

No.

That is a Subject Access Request made under the Data Protection Act 1998.

Here we are talking about a Consumer Credit Agreement request under the Consumer Credit Act 1974.

The time limit to comply with that is 12 working days.

dizzybuff

in that case you need to take it up with either citizens advise or Egg then they should have a department to sort this

rog2

Did you send them the 12+2 day letter (post 6 of the following thread - http://forums.moneysavingexpert.com/showthread.html?t=963087 ) to inform them that they are 'in default' ?

If not - send it now - you can delete the second paragraph as it relates to the, now amended, 30 day 'offence'.

rog2

PaulS43 wrote: »

Is the debt now entirely unenforceable? What I mean by this is if I now stop paying citing their failure to supply a copy of the agreements, can I be forced to pay by a court AND, if my failure to carry on paying brings about the copies of the credit agreements would I then have to continue paying? IE is the debt now always and forever unenforceable no matter what they do?

The 'debt' (agreement) is currently unenforceable without the permission of the Courts, Paul.
Basically that means that they would need to issue Court proceedings against you and they would need to produce a true and compliant copy of the executed consumer credit agreement to the Court, as well as having to give a pretty good explanation as to why they have ignored their legal obligations, to you, under the terms of the Consumer Credit Act, 1974.
If they still fail to produce the cca, to the Court, then the Court should judge the agreement to be irrideemably unenforceable.
Even IF they magically produce the agreement, and the Court judges it to be enforceable, then you would have the opportunity to ask the Court to allow you to make payments at a rate that you can afford. Any resulting judgement would be just as binding on Egg as it is on you, and providing that you keep up the payments Egg would be legally unable to try to force you into making additional payments - or from taking additional money from your account.
So, although Egg are 'in default' and can not enforce the agreement, nor should they e taking payments, whilst they are 'in default', they can, unfortunately, take steps to 'enforce the agreement' once they find it - and of course provided that any 'agreement' produced is fully compliant.

oscar52

dizzybuff wrote: »

hi they have 40 working days to provide you with information as this comes under the data protection act.

Isnt it 40 CALENDER days?

fermi

oscar52 wrote: »

Isnt it 40 CALENDER days?

Indeed it is for an SAR. I missed that.

rog2

fermi wrote: »

Indeed it is for an SAR. I missed that.

But STILL irrelevant to a 'cca request'.

fermi

rog2 wrote: »

But STILL irrelevant to a 'cca request'.

Indeed.